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Tax Discrimination And Trade In Services: The Search For Balance In Canada-U.S. Relations, Christine Manolakas, Catherine Brown

McGeorge School of Law Scholarly Articles

The trading relationship between Canada and the United States represents the largest bilateral flow of goods and services in the world. Notwithstanding this significant trade relationship and the obligations of non-discrimination assumed under trade agreements, both countries boast tax legislation that may negatively impact the competitive position of service providers of the other country. This article examines some of these tax measures and compares the tax treatment of nonresident service providers performing services in the other country to the tax treatment of domestic service providers. The article also considers the tax treatment of the domestic entity hiring the service provider. …

Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman

Other Publications

This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.

Functional Studies On The Extrinsic Proteins Of Photosystem Ii, Haijun Liu

LSU Doctoral Dissertations

The function of the PsbO and the PsbR protein in Arabidopsis thaliana were studied. The Arabidopsis mutant psbo1 contains a point mutation in the psbO-1 gene leading to defective expression of the PsbO-1 protein. Functional studies demonstrated both the reducing-side and oxidizing-side of Photosystem II are significantly altered. Using the psbo1 mutant plant as a transgenic host, two plant lines were produced, which contained an N-terminally His6-tagged PsbO-1 protein. Photosystem II closure kinetics demonstrated that the defective double reduction of QB and the delayed exchange of QBH2 with the plastoquinone pool in the psbo1 mutant were effectively restored to the …

The Developmental Continuity Of A Cognitive Model Of Worry, Kimberly Rae Zlomke

LSU Doctoral Dissertations

Research on the construct of worry has increased dramatically in the past two decades. This research has also tended to focus on adults, with only a limited number of studies examining adolescent populations. With the continued dominance of developmental psychopathology and a lifespan approach to development, it has become apparent that downward extensions of adult models of psychopathology are inadequate (cf. Mash & Dozois, 2002). As a result, investigations in adolescents are essential due to the potential developmental differences and heterotypic continuity in worry between adolescents and adults. These developmental differences and changes associated with the period of adolescence may …

Fabrication And Evaluation Of Specialty Nonwoven Materials, Nan Jiang

LSU Doctoral Dissertations

The present work is to develop multifunctional materials with high performance on chemical absorption, adsorption and on acoustic absorption and insulation using natural fiber nonwovens via carbonization and activation. Evaluation of these textile materials includes tensile strength, thermogravimetric analysis, sound absorption and transmission loss, scanning electronic microscopy and surface properties. Carbonization of cotton nonwoven was carried out in a high temperature oven with nitrogen between 300 °C and 500 °C. The physical activation was undertaken using CO2. The N2 adsorpton isotherm curves of the cotton nonwoven showed the presence of micropores and macropores. High BET surface area and average pore …

The Initial Reliability And Construct Validity Of The Autism Spectrum Disorder-Diagnostic (Asd-Dc) In Children, Melissa Luke Gonzalez

LSU Doctoral Dissertations

The aim of the present study was to examine the reliability and construct validity of a newly developed assessment scale designed to identify autism spectrum disorders in children: Autism Spectrum Disorder-Diagnostic for Children (ASD-DC). Participants were parents and caregivers of children between ages 2 and 16 years, who are typically developing or developmentally delayed. Participants were asked to complete several rating scales including the ASD-DC, a DSM-IV-TR/ICD-10 checklist, the Matson Evaluation of Social Skills in Youngsters (MESSY), and the Behavioral Assessment System for Children, Version 2 (BASC-2). In Study 1, the test-retest, inter-rater, and inter-item reliabilities of the ASD-DC was …

Isolation And Characterization Of Two Siamese Phenotypic Modifiers And Their Role In Endoreplication And Trichome Development, Remmy Wekesa Kasili

LSU Doctoral Dissertations

Recessive mutations in the ENS1 gene of Arabidopsis thaliana result in reduced trichome branching without altering the ploidy level of trichomes. This implies that ENS1 regulates trichome branching in an endoreplication-independent manner. Mutations in ENS1 also enhance the multicellularity of sim mutant trichomes indicating that ENS1 plays a role in the regulation of the cell cycle during trichome cell differentiation. We have shown that ENS1 is required by the negative regulators of trichome branching for the trichomes to achieve their supernumerary branching. The interaction between ens1-1 and try-JC suggests that ENS1 is involved in both primary and secondary branching events …

A Critical Item Analysis Of The Qabf: Development Of A Short Form Assessment Instrument, Ashvind Nand Singh

LSU Doctoral Dissertations

Due to the relative inability of individuals with intellectual disabilities (ID) to provide an accurate and reliable self-report, assessment in this population is more difficult than with individuals in the general population. As such, assessment procedures must be adjusted to compensate for the relative lack of information that the individual can provide and rely more on the behavioral expression of communication. One method commonly used is the indirect functional assessment that utilizes behavior rating scales that have been developed to gather behavioral data in a short time. One of the few empirically derived and psychometrically sound is the QABF, a …

Public And Private International Law : German Views On Global Issues, Ralf Michaels

Faculty Scholarship

No abstract provided.

The Constitutive And Entrenchment Functions Of Constitutions: A Research Agenda, Ernest A. Young

Faculty Scholarship

No abstract provided.

Intent, Presumptions, And Non-Self-Executing Treaties, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

A Tribute To Robert L. Oakley: Remembering Bob Oakley, Roger F. Jacobs

Journal Articles

A tribute to Robert L. Oakley, Professor and Law Librarian (1945-2007).

Implementing Electronic Portfolios, Courtney Rogne

Graduate Research Papers

This literature review addresses the topic of assessing students with the use of electronic portfolios. The purpose of the review is to document for educators the advantages of electronic portfolios, the media selection options, as well as implementation procedures. Electronic portfolios are an alternative authentic assessment method that invites active student learning and provides an opportunity for instructors to design assessment strategies based on desired student-learning outcomes.

The review also found that many media options are available to meet the needs of the individual courses; however the web-based options are the easiest to use and modify. The review recommends that …

Systems Biology Meets Stress Ecology:: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Th Hutchinson, Sj Maund, Cj Hill, A Bouetard, A Callaghan

School of Geography, Earth and Environmental Sciences

No abstract provided.

Amicus (Volume 6, Issue No. 2) (Winter 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Systems Biology Meets Stress Ecology: Linking Molecular And Organismal Stress Responses In Daphnia Magna, L-H Heckmann, Rm Sibly, R Connon, Hl Hooper, Et Al

School of Biomedical Sciences

BACKGROUND: Ibuprofen and other nonsteroidal anti-inflammatory drugs have been designed to interrupt eicosanoid metabolism in mammals, but little is known of how they affect nontarget organisms. Here we report a systems biology study that simultaneously describes the transcriptomic and phenotypic stress responses of the model crustacean Daphnia magna after exposure to ibuprofen. RESULTS: Our findings reveal intriguing similarities in the mode of action of ibuprofen between vertebrates and invertebrates, and they suggest that ibuprofen has a targeted impact on reproduction at the molecular, organismal, and population level in daphnids. Microarray expression and temporal real-time quantitative PCR profiles of key genes …

Perceived Barriers To Organizational Creativity: A Cross-Cultural Study Of British And Egyptian Future Marketing Managers, Aa El-Masry, M Mostafa

Plymouth Business School

Purpose – The overall purpose of this research is to further the understanding of how future marketing managers in Egypt and the UK perceive creativity barriers. The paper also examines the construct validity of the barriers to creativity scale in an Arab non-Western context. Design/methodology/approach – A sample of 125 respondents was used to achieve the research purpose. Respondents completed a 17-item instrument designed to assess barriers to creativity in business organizations. Findings – Discriminant analysis results showed that Egyptians differ from British with respect to their attitudes towards organizational creativity barriers. t-test procedure confirmed also that gender and age …

Keeping The Coast Clear: Lessons About Protecting The Natural Environment By Controlling Industrial Development Under Delaware's Coastal Zone Act, Kenneth T. Kristl

Pace Environmental Law Review

No abstract provided.

The Federal Marriage Amendment And The False Promise Of Originalism, Thomas Colby

GW Law Faculty Publications & Other Works

This Article approaches the originalism debate from a new angle - through the lens of the recently defeated Federal Marriage Amendment. There was profound and very public disagreement about the meaning of the FMA - in particular about the effect that it would have had on civil unions. The inescapable conclusion is that there was no original public meaning of the FMA with respect to the civil unions question. This suggests that often the problem with originalism is not just that the original public meaning of centuries-old provisions of the Constitution is hard to find (especially by judges untrained in …

The Sec's Global Accounting Vision: A Realistic Appraisal Of A Quixotic Quest, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

In the most revolutionary securities law development since the New Deal, the SEC is poised to jettison rules requiring companies to apply recognized US accounting standards by inviting use of a new set of international ones created by a private London-based organization. This radical shift follows decades of gradual movement towards international standards that has gained momentum since 2005 when all listed companies in the European Union were required to use them. For the US, the SEC could give companies the option to use either or establish a medium-term plan to move US companies to international standards within a decade. …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to non-constitutional trial errors until forty years ago, when the Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees - the right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the harmless …

Quanta V. Lg Electronics: Frustrating Patent Deals By Taking Contracting Options Off The Table?, F. Scott Kieff

GW Law Faculty Publications & Other Works

The Supreme Court's unanimous decision in Quanta v. LG Electronics may make it significantly more difficult to structure transactions involving patents. While this decision does make a group of players into winners in the immediate term for existing patent deals (this group includes any customer who, like Quanta, buys patented parts without buying a patent license), almost everyone is likely to come out a loser going forward.

The Court in Quanta decided that a patent license that LG Electronics sold only to Intel - and explicitly limited to exclude Intel's customers, like Quanta, and priced to reflect these modest ambitions …

Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman

GW Law Faculty Publications & Other Works

This article explores the application of the principles of sustainability to management of lands and resources under the jurisdiction of the U.S. Forest Service and the Bureau of Land Management. These two agencies operate a mandate to manage the resources under their control to achieve sustained yield. In this context, sustainability has operated to date primarily in an aspirational fashion, as a broad objective of public land management, rather than as a useful management tool or an enforceable constraint on agency management discretion. The article urges the adoption of amendments to the laws under which the Forest Service and the …

The Gay Panic Defense, Cynthia Lee

GW Law Faculty Publications & Other Works

In this article, I examine the use of gay panic defense strategies in the criminal courtroom. I argue that such strategies are problematic because they reinforce and promote negative stereotypes about gay men as sexual deviants and sexual predators. Gay panic defense strategies are also troubling because they seek to capitalize on unconscious bias in favor of heterosexuality which is prevalent in today's heterocentric society. Most critics of the gay panic defense have proposed that judges or legislatures should bar gay panic arguments from the criminal courtroom. I take a contrary position and argue that banning gay panic arguments from …

Hate Crimes And The War On Terror, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter, which will be part of a 5 volume treatise entitled, Hate Crimes: Perspectives and Approaches (Barbara Perry ed. forthcoming 2009), situates the private acts of hate violence committed against Arab-Americans, Muslim-Americans, Sikh-Americans, and South Asian-Americans in the aftermath of 9/11 into the broader context of the war on terror. In Part I, after providing some general background information on hate crimes, I discuss some of the hate crimes committed in the aftermath of 9/11. In Part II, I examine two common stereotypes about Arabs and Muslims which likely contributed to the post 9/11 backlash against Arabs and Muslims …

There Is A There There: How The Zippo Sliding Scale Has Destabilized The Structural Foundation Of Personal Jurisdiction Analysis, Catherine J. Ross

GW Law Faculty Publications & Other Works

In 1997, the Federal District Court for the Western District of Pennsylvania evaluated one in a line of emerging personal jurisdiction cases that raised the question of whether Internet-based contacts with citizens of the forum state can alone establish the defendant purposefully availed himself of the benefits and protections of the forum state. In this unlikely watershed case, Zippo Mfg. Co. v. Zippo Dot Com, the District Court wrangled with the new concept of purposeful availment through electronic contact with the forum state. The court viewed Zippo and its antecedents as components of a new body of personal jurisdiction law: …

Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael Selmi

GW Law Faculty Publications & Other Works

This article challenges the prevailing academic consensus regarding the Supreme Court's interpretation of the Americans With Disabilities Act ("ADA"). In a series of cases over the last decade, the Supreme Court has sharply limited the scope of the statute by narrowly defining what constitutes a disability, and most commentators have attributed the cases to a judicial backlash or a lack of empathy for the disabled. This article offers a counter narrative. Although the Supreme Court's interpretations have plainly narrowed the scope of the statute, and without regard to congressional intent, I suggest that the decisions are largely consistent with congressional …

Understanding Privacy (Chapter One), Daniel J. Solove

GW Law Faculty Publications & Other Works

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.

In UNDERSTANDING PRIVACY (Harvard University Press, May 2008), Professor Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family …

Data Mining And The Security-Liberty Debate, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the trade-offs between security and liberty begin by taking a security proposal and then weighing it against what it would cost our civil liberties. Often, the liberty interests are cast as individual rights and balanced against the security interests, which are cast in terms of the safety of society as a whole. Courts and commentators defer to the government's assertions about …

The New Vulnerability: Data Security And Personal Information, Daniel J. Solove

GW Law Faculty Publications & Other Works

This book chapter was originally written for a conference on privacy and security at Stanford Law School held in March 2004. The chapter argues that abuses of personal information are caused by the failure to regulate the way companies manage personal information. Despite taking elaborate technological measures to protect their data systems, companies readily disseminate the personal information they have collected to a host of other entities and sometimes even to anyone willing to pay a small fee. Companies provide access to their record systems over the phone to anybody in possession of a few easy-to-find pieces of personal information …